Appeal No. 96-3032
Application No. 08/321,392
Murray's holder with a magnetic securing means in accordance
with the teachings of Taylor, would as a matter of common
sense cover the entire rear surface of Murray's holder with
the magnetic-type securing means in order to adequately
support Murray's relatively heavy glass-covered picture.
In view of the foregoing, we will sustain the rejection
of claims 2-4, 8, 10-12, 18 and 19 under 35 U.S.C. § 103 based
on the combined teachings of Murray and Taylor.
Turning to the rejection of claims 2-4, 7, 10-12, 15, 18,
19 and 22 under 35 U.S.C. § 103 as being unpatentable over
Murray in view of Tannenbaum, it is the examiner's position
that:
The patent to Tannenbaum discloses a plastic holder
for photographs having three members (2, 3, 4 in
Fig. 2) secured together in such a manner so a [sic]
as to form a slot 5 [for] the reception of a
photograph. Tannenbaum also provides a magnetic
strip 11 attached to the rear surface of his holder
so it can be secured to a vertical magnetic surface,
such as a door of a refrigerator or freezer (see
column 3, lines 14-16). As to claims 2-4, 10-12, 18
and 19, it would have been obvious to one of
ordinary skill in the art at the time the invention
was made to substituted [sic, substitute] in Murray
for his securing means 15 a magnetic strip adhering
means as taught by Tannenbaum at 13 [in order] to
achieve Tannenbaum's expressly stated advantage of
ease of securement to a ferrous surface such as the
door of a refrigerator or freezer. As to claims 7,
12
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